In Depth

Because a man entered into a plea agreement that he was not entitled to credit for the time he was on electronic monitoring
as a condition of bond, the Indiana Court of Appeals affirmed his 14-year sentence.

John M. Weidman was placed on electronic monitoring after posting bond in Cause No. 03C01-1102-FA-898, in which he faced
several counts involving drugs and attempted receiving stolen property. While on electronic monitoring, he was charged with
Class D felony possession of marijuana in Cause No. 03C01-1205-FC-2659.

Weidman entered into a plea agreement on both causes to which he agreed he was not entitled to credit time toward his sentences
for the period of time he was on electronic monitoring.

In John M. Weidman v. State of Indiana, 03A01-1306-CR-255, Weidman argued he is entitled
to that credit time, but the Court of Appeals held is bound by the plea agreement because he made no argument that his plea
was involuntary.

The Indiana Supreme Court has also held that a defendant may waive in a voluntary plea agreement the constitutional right
to appellate review of a sentence.

“We therefore conclude that Weidman waived his right to claim that he was entitled to credit for the time he was on
electronic monitoring. To allow such a challenge now would be to permit him to benefit from the terms of the plea agreement
without upholding his end of the bargain struck in the plea agreement. And Weidman did benefit; in exchange for his plea,
the State dismissed serious charges, and the trial court ordered the sentences on some of Weidman’s convictions to be
served concurrently,” Judge Paul Mathias wrote.

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